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Kentucky Criminal Law Questions & Answers
1 Answer | Asked in Civil Rights and Criminal Law for Kentucky on
Q: I need to know the legalities on recording audio through surveillance cameras in the state of Kentucky.

I work in surveillance and our supervisors installed a smoke detector camera in our operations room. Management outside the department is unaware. Looked up this particular camera and it functions on Wi-Fi and has audio capabilities. Are they allowed to listen to our conversations in an obviously... View More

Timothy Denison
Timothy Denison
answered on Apr 29, 2018

The law in Kentucky is that if one party to a recorded conversation is aware and consents to the recording, it is legal. However, here it appears no party to the conversation is aware nor present for the recording; hence it is an illegal recording.

1 Answer | Asked in Criminal Law and Juvenile Law for Kentucky on
Q: child was arrested last night can i see him? Do I have to wait for the visitation schedule or is there a booking visit?
Timothy Denison
Timothy Denison
answered on Apr 29, 2018

Visitation rule vary from county to county and jail to jail. Contact the facility he is currently at and find out the visitation schedule. There is no booking visit.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Legal to conceal carry a gun in a Catholic church that is attached to a school as long as you don't enter the school?

The church and school are attached, but if you simply don't enter the school building itself and only stay in the church building, is it legal to conceal carry (with a CCDW permit, of course)?

Timothy Denison
Timothy Denison
answered on Apr 29, 2018

I’d be very careful here bc I can see a prosecutor arguing they are one and the same bc of their attachment. You also need to determine whether the church has posted prohibitions against firearms on their property.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Can a case be deferred without a ples?
Timothy Denison
Timothy Denison
answered on Apr 29, 2018

Yes. It can be passed on a motion to dismiss.

1 Answer | Asked in Criminal Law and Traffic Tickets for Kentucky on
Q: hello, I was wondering if you could offer me some help in preparing for an upcoming trial.

I'm 20 years old and I was arrested for 26 mph over, reckless driving, failure to show insurance card, and failure to maintain insurance. I was in my mothers car and was not on their insurance. This is my first offense, first time I've ever had anything go against my driving record.... View More

Timothy Denison
Timothy Denison
answered on Apr 29, 2018

Insurance follows the car, not the person. If there was insurance on the car when you were operating it, the no insurance charge should be dismissed. The failure to produce insurance card will not affect your license or your insurance. The only charge you need to focus on is 26 over bc it is a... View More

1 Answer | Asked in Criminal Law and Probate for Kentucky on
Q: Our stepmother deposited an insurance payout into her personal account instead of the estate. Criminal act?

She mishandled Dad’s estate so poorly that the judge appointed a public admin but it appears as though she’s still stealing. I’d like to find out how to press criminal charges, if warranted. I have requested that she attest under oath that there are no other hidden assets- wondering if this... View More

Timothy Denison
Timothy Denison
answered on Apr 29, 2018

Contact the public administrator and relay your concerns. If the PA can find a paper trail of mismanagement and/or theft, they can see that charges are brought against your stepmother. Depositing estate funds to her personal account is at a minimum commingling funds.

1 Answer | Asked in Criminal Law, Domestic Violence and Wrongful Death for Kentucky on
Q: murder charge, now claims domestic violence,. before claims accident. premeditation is believed. can she plea bargain?

woman call police after believed premeditated murder. First she claims an accident. She claims self defense because of domestic violence. However she went the night before and got a gun from her father, had it at her house. She claimed he was trying to get in to her. However, the couple was... View More

Timothy Denison
Timothy Denison
answered on Apr 29, 2018

A criminal defendant can always plea bargain. Whether that happens or not is up to the individual commonwealth attorney handling the case.

1 Answer | Asked in Family Law and Criminal Law for Kentucky on
Q: I live in Kentucky, the age of consent is 16 I'm 17 and pregnant by a 22 year old. Will anything happen to him?
Timothy Denison
Timothy Denison
answered on Apr 29, 2018

Not likely unless your parents attempt to bring charges.

1 Answer | Asked in Criminal Law and Child Support for Kentucky on
Q: I was sentenced to5 years for child support the sentence ended this month how can they keep me on parole until 2099

Its parole from Kentucky

Cheryl Powell
Cheryl Powell
answered on Jun 16, 2017

You need to post this in ky lawyers.

1 Answer | Asked in Criminal Law, Civil Litigation and Wrongful Death for Kentucky on
Q: My brother was robbed an murdered an missing the man who killed him placed his body on his mom an dads farm.

I need to no if I can sue the mom an dad of a cival suit cause of them removing the bloodstained carpet were there son killed an shot my brother then made his body unidentifiable and removed all carpet in house an burned it an replaced it an then rented there house an I think they helped there son... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 9, 2017

It's up to the DA to prosecute. You can sue, but unless these folks have money that won't get you anywhere. You can't do more that agitate peacefully.

2 Answers | Asked in Car Accidents, Criminal Law and DUI / DWI for Kentucky on
Q: Can I say my car was stolen?

I let my friend borrow my car to go to the gas station and back. I have a witness that I said, "Promise me, only the gas station and straight back" and he said, "Yes, I promise. There and back." 4 hours later I get a call that he has totaled my car in a ditch driving drunk. He... View More

Brendan Joseph McLeod
Brendan Joseph McLeod
answered on Mar 4, 2018

The proper charge is Unauthorized Access to a Motor Vehicle. If you say it was stolen your friend will retaliate with, "hey, I know him and he gave me the keys and authority to drive the car. I was gone four hours, but I had no intent to permanently deprive him of his vehicle. He knows... View More

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1 Answer | Asked in Criminal Law and Car Accidents for Kentucky on
Q: If 4 witnesses said that I did something I didn't do, does my word even matter or will the court side with them?
Peter N. Munsing
Peter N. Munsing
answered on May 23, 2017

Depends on their credibility and yours. Check out "My Cousin Vinnie."

Certainly, if it's a car crash and the witnesses are all sitting in the car with the other driver, that's not necessarily a win for them. However if the four people are all divinity students with...
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2 Answers | Asked in Criminal Law for Kentucky on
Q: Can your probation be modified without my agreement or past my telease date
Brian Lehman
Brian Lehman
answered on Feb 20, 2017

Yes, your probation is determined by the judge and can be modified as circumstances change regardless of your consent because you were found guilty of a crime (either you had a verdict or plead guilty). Probation often goes past release dates. The best thing to do is talk to a lawyer and have... View More

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1 Answer | Asked in Construction Law and Criminal Law for Kentucky on
Q: If i climb a construction crane could i do jail time or just pay some fines?
Brian Lehman
Brian Lehman
answered on Jan 29, 2017

You could do jail time depending on what the prosecutor wants.

1 Answer | Asked in Criminal Law, Personal Injury, Education Law and Juvenile Law for Kentucky on
Q: My daughter is 15 and was assulted by 2 different girls in the same day different times

My daughter was assulted by a 17 year old girl who wasnt supposed to be on the school bus and i wasnt contacted... then arrived at school and was violently assulted by another girl which resulted in a concussion where she was on cognative rest for 2 and a half days.. i was informed two days later... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 27, 2017

Talk to an Education Law Center if they have one ; contact a member of the Kentucky Justice Assn who handles education issues--they give free consultations.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Can a police officers let themselves into my residence without any warning, not even knocking. And arrest me?

They had a seal indictment on me for trafficking . The indictment was dated two weeks prior to the arrest. Again they didn't knock, ring door bell or anything, just walked in, up the stairs to the living room. And nonchalantly, asked my son if he was me.

Paul Stanko
Paul Stanko
answered on Oct 15, 2016

You do not need to announce if you are serving an arrest warrant.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Can I file sex charges and a restraining order on him to keep him away

My 17yr old daughter ran away lastnight with her 18yr old boyfriend. I called the Kentucky police to report her missing they started to look for her. When they found my daughter her 18yr old boyfriend was charged with unlawful transaction with a minor 3rd degree and was arrested. Can I file... View More

Paul Stanko
Paul Stanko
answered on Oct 9, 2016

Individuals do not file criminal charges. The Commonwealth will decide what charges are filed. As to whether he is ordered to stay away from your daughter, the prosecutor can tell you whether the court has ordered that. Even if it hasn't, his defense attorney will undoubtedly tell him to stay away.

1 Answer | Asked in Civil Rights, Criminal Law, Libel & Slander and Personal Injury for Kentucky on
Q: Caught pizza delivery person videoing me at my door. Police said no crime. I say BS! Thoughts, please?

I answered the door to receive my pizza that I ordered and the delivery person, who was a shift manager that I had previously filed a complaint against, was videoing me without my knowledge. I called the police and they were rude and unhelpful and said no crime had been committed. I refuse to... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 6, 2016

You say he was videotaping you without your knowledge--so the Police probably thought "how did he know he was being videotaped?"

Guy probably doing it to cover himself as you had filed a complaint.

Perhaps time to change pizza parlours?

It is not a crime to...
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1 Answer | Asked in Civil Litigation, Contracts and Criminal Law for Kentucky on
Q: Can I sell a car to myself with PoA?

I live in KY and one of my friends left for India a couple of months ago and asked me to sell his car for him. To enable that, we enacted a Power of Attorney in my name. Now I myself am looking for a car and in discussion with my friend, he offered me to buy his. But since, he's not here in US... View More

Paul Stanko
Paul Stanko
answered on Sep 22, 2016

You should be able to sell it to yourself. One concern is that this would not be an "arm's length" transaction. You should document that your friend is satisfied that he is getting fair market value for the car. Pay him a fair price as purchaser.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Yes I was wondering if it's against the law to call someone else a bad name ( in this case drug spawn and trailer trash)
Paul Stanko
Paul Stanko
answered on Sep 22, 2016

That is called freedom of expression.

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